In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more
4/26/2022
/ Disabled Children ,
Educational Institutions ,
Equal Protection ,
Negligence ,
School Districts ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Special Education ,
Students ,
Title IX
Public Act 102-0339 requires each school district’s time out and physical restraint oversight team to develop a plan for reducing and eventually eliminating the use of isolated time out, time out, and physical restraint in...more
In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more
2/8/2022
/ Appeals ,
Certiorari ,
Coaches ,
Disciplinary Proceedings ,
Employment Litigation ,
Establishment Clause ,
First Amendment ,
Football ,
Free Speech ,
Freedom of Religion ,
Prayer ,
Public Employees ,
Public Schools ,
School Districts ,
SCOTUS
Governor Pritzker recently signed Public Act 102-0676 (HB 1975) into law, which addresses sexual abuse prevention in schools. The new law is intended to address staff-student boundaries and appropriate professional conduct,...more
1/26/2022
/ Child Abuse ,
Child Protection Laws ,
Code of Conduct ,
Crime Victims ,
Educational Institutions ,
Governor Pritzker ,
Minor Children ,
New Regulations ,
Policies and Procedures ,
Public Acts ,
School Districts ,
Sexual Abuse ,
Sexual Assault ,
Sexual Conduct ,
Vulnerable Victims
The American Rescue Plan Act signed by President Biden at the end of last week includes almost $130 billion in education funding. The vast majority of that money will be distributed to school districts based on the Title I...more
3/17/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Federal Funding ,
IDEA ,
Infectious Diseases ,
New Legislation ,
Relief Measures ,
School Districts ,
Special Education ,
Title I ,
Underserved Locations
Although school districts evaluate residency claims on an almost daily basis, it is rare for an appellate court to weigh in on the standards that schools should use for that analysis. In a recent decision, Gwozdz v. Board of...more
A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more
In this episode, we discuss the most top-of-mind issues and lessons learned from the COVID-19 crisis....more
10/8/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Crisis Management ,
Health and Safety ,
Infectious Diseases ,
Remote Learning ,
School Districts ,
School Policies ,
Students ,
Teachers ,
Universities
School leaders have always served a crucial role in communities, and we can’t imagine anyone managing the Coronavirus crisis without them. In this episode, our regular attorney panelists Shelli Anderson, Nicki Bazer, Jennifer...more
ISBE and IDPH recently released their guidance related to Starting the 2020-21 School Year. The guidance addresses a broad range of topics, including some suggestions related to special education. The following week ISBE...more
On June 30, 2020, ISBE issued an FAQ document with the purpose of assisting school districts in the transition to in-person instruction. This document, which supplements ISBE’s general guidance on return to in-person...more
In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...more
3/17/2020
/ Attendance ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Education ,
Distance Learning ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
ISBE ,
Public Health ,
School Closures ,
School Districts ,
Special Education ,
State and Local Government ,
Students
In Illinois, the School Safety Drill Act requires K-12 public and private educational facilities to conduct several types of safety drills, including law enforcement drills, to address potential evacuation or lock-down...more
3/11/2020
/ Educational Institutions ,
Emergency Management Plans ,
Emergency Response ,
Mass Shootings ,
Private Schools ,
Public Safety ,
Public Schools ,
Risk Management ,
Safety Management Systems ,
Safety Precautions ,
Safety Training ,
School Districts ,
School Safety ,
School Shootings ,
Students
We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways....more
10/23/2019
/ Bullying ,
Complaint Procedures ,
Due Process ,
Free Appropriate Public Education (FAPE) ,
Individualized Education Programs (IEPs) ,
Internal Communications ,
Internal Investigations ,
Liability ,
OCR ,
Required Documentation ,
Risk Mitigation ,
School Districts ,
Section 504 ,
Special Education ,
Students ,
Vulnerable Victims
Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more
Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more
10/2/2019
/ Cannabis Products ,
Charter Schools ,
Educational Institutions ,
FOIA ,
Human Rights ,
Individualized Education Programs (IEPs) ,
Marijuana ,
Mental Health ,
Military Service Members ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
Public Accommodation ,
Public Acts ,
Risk Assessment ,
Safety Precautions ,
Salary/Wage History ,
School Boards ,
School Districts ,
School Restrooms ,
Sex Offenders ,
Special Education ,
State Budgets ,
Students ,
Teachers ,
Threat Management ,
Wage and Hour
You would be forgiven if you can’t keep up with the many changes in the Illinois laws governing education at back-to-school time this year. As if Illinois special educators and administrators don’t have enough to do already,...more
10/1/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances ,
Disability Discrimination ,
Emergency Access ,
Emergency Management Plans ,
Emergency Response ,
Healthcare ,
Legislative Agendas ,
Medical Devices ,
Medical Marijuana ,
Minor Children ,
New Legislation ,
Proposed Legislation ,
Public Schools ,
Reasonable Accommodation ,
Regulatory Agenda ,
School Districts ,
School Policies ,
Students
With all the hub-bub about HB 3586, you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. ...more
9/20/2019
/ Disability Discrimination ,
Disabled Children ,
Educational Institutions ,
Handbooks ,
Independent Educational Evaluation ,
Individualized Education Programs (IEPs) ,
Online Platforms ,
Posting Requirements ,
Regulatory Reform ,
School Districts ,
Section 504 ,
Special Education ,
Students ,
Websites
The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public entities violated...more
Effective January 1, 2017, the process by which school districts in Illinois may dispute student residency will fundamentally change. Public Act 99-0670 (HB 4606) was signed by Governor Rauner on July 29, 2016, amending...more
The Illinois regulations related to special education were recently revised, effective January 13, 2016. Many of the changes clarify language or remove provisions specifically applicable to prior years. Additionally,...more
The Seventh Circuit Court of Appeals, which is the federal appellate court with jurisdiction over Illinois, recently rejected an Indiana student’s claims against two school districts for allegedly improperly responding to...more
On August 24, 2015, Governor Rauner signed into law Public Act 99-456. The Act requires school districts and charter schools to overhaul their discipline policies and is aimed at reducing the incidence of out-of-school...more
8/31/2015
/ Board of Education ,
Charter Schools ,
Department of Energy (DOE) ,
Department of Justice (DOJ) ,
Disciplinary Proceedings ,
Disparate Treatment ,
Educational Institutions ,
Expulsion ,
School Districts ,
School Suspension ,
Zero Tolerance Policies
In a recent decision, Elonis v. United States, the U.S. Supreme Court held that in order to convict a man for alleged threats made against his wife on Facebook, the prosecutor must show some level of intent. It was not enough...more
The spring brings a host of deadlines that school districts should be mindful of. Below are some important dates to mark on your calendar....more